HomeMy WebLinkAboutReso. 1983 - 194 - Resolution declaring preliminary intent to form assessment district and conduct special assessment proceedings e • • 4
RESOLUTION NO. g3 457 y O I O NA-
RESOLUTION DECLARING PRELIMINARY INTENT TO
FORM ASSESSMENT DISTRICT AND CONDUCT SPECIAL
ASSESSMENT PROCEEDINGS
VICTOR AVENUE BRIDGE ASSESSMENT DISTRICT NO. 1983-9
The City Council of the City of Redding resolves:
Several individual property owners within the proposed
assessment district have executed and presented to the City an
appropriate petition and waiver proposing acquisition of certain
prescribed road improvements and a bridge structure crossing
Churn Creek on Victor Avenue.
These proponents are requesting that the City of Redding
undertake special assessment proceedings to acquire these public
improvements upon completion of construction and installation of
same under private contract to the proponents, with the cost and
expense of the proposed acquisitions and related improvement bond
financing to be assessed upon property of the proponents and
other third parties which are determined to be specially benefitted
by the improvements.
This City Council accepts this provision in principal and
hereby expresses its preliminary intent to form the proposed
assessment district and to conduct the special assessment proceed-
ings, subject to the following conditions :
1. The special assessment proceedings will be
taken pursuant to the Municipal Improvement Act of 1913, the
issuance and sale of improvement bonds under the Improvement Bond
Act of 1915 .
�r�
J • •
2 . That the prescribed public improvement should be
certified by the City' s Director of Public Works as complete and
ready for acceptance prior to adoption of the formal Resolution
of Intention.
3. That upon submitting the written engineer' s report
as required by Section 10204 of the Streets and Highways Code
the Engineer of Work is concurrently submitting evidence satis-
factory to the Director of Public Works that the acquisition costs
proposed to be assessed shall have been actually incurred and
paid and that the land proposed to be assessed is specially benefitted
by the improvements being acquired, with the amount of the proposed
assessments being in proportion to the estimated benefits to be
received.
4 . That issuance and sale of improvement bonds shall
take place only upon submission by or on behalf of the proponents
of a commitment for purchase of the proposed 1915 act bonds by an
underwriter acceptable to the City. The City expressly acknowledges
that the proponents are at this time indicating a preference to
conduct a negotiated sale of the bonds to Birr Wilson and Company, Inc. ,
and the City has no objection to having Birr Wilson and Company
as the bond underwriter.
5. The proposed assessment against any parcel of land
in the proposed assessment district shall not exceed 1/3 of the
estimated market value of each such parcel, as such value shall
be established based upon the evidence of the improvements to be
acquired. The proponents shall submit evidence satisfactory to
the Director of Public Works to establish compliance with this
condition.
-2-
4
6 . All compensation payable to Evergreen Engineering
Corporation who, have been nominated by the proponents to serve
as Engineer of Work for the proposed assessment proceedings ,
shall be the exclusive responsibility of the proponents until
such time as the City receives bond sale proceeds from which to
pay any authorized cost and expense of the engineers . It is
expressly understood that the City shall have no obligation
whatsoever for payment of any engineering expenses from any
source other than bond sale proceeds and that the City can give
no assurance that bond sale proceeds will , in fact, ever be
received by the City.
It is expressly understood that this resolution constitutes a
Resolution of Preliminary Intent and shall in no way be construed
to constitute or create a legal obligation to undertake or to.
complete the proposed assessment proceedings.
I HEREBY CERTIFY that the foregoing resolution was
duly and regularly adopted by the City Council of the City of
Redding, Shasta County, California, at a regular meeting
thereof, held on the 19th day of September 1983.
AYES : Councilmembers Demsher, Fulton, Kirkpatrick, Pugh, and Gard
NOES : Councilmembers None
ABSENT: Councilmembers None
ETHEL A. NICHOLS, City Clerk,
City of Redding, Shasta County,
California
By 411,410 y.
-3-